Tougher Maryland DUI Laws on the Horizon

February 22, 2016

In December 2015, Officer Noah Leotta was killed by a drunk driver. The man accused of killing him had been convicted of drunk driving three times before. This prompted outrage and a push for stricter drunk driving laws, and soon enough, Maryland drivers may see change. Current Maryland DUI laws aren’t as strict as some states, but now, drivers may be facing a mandatory ignition interlock.

Changes

At the 2015 Maryland General Assembly session, the Drunk Driving Reduction Act failed at the House level. This would have required an ignition interlock to be installed in cars of those who are found to have a BAC of .08. An ignition interlock prevents a car from starting unless the driver can pass an automated breath test. Currently, a person is only required to have an ignition interlock installed if they are found to have a blood-alcohol content of .15 or more, are younger than 21, or, were driving drunk with children in the vehicle. Now, Noah’s Law has been introduced, and would apply the same rules with respect to an ignition interlock, even for first time offenders.

Be careful out there

The perceived notion of installing an ignition interlock is that there will be fewer incidences of DUI. According to the Centers for Disease Control and Prevention, the ignition interlock prevents second time drunk driving offenses by at least 67 percent. Of course, even though the ignition interlock may not be implemented as of yet, the penalties for Maryland drunk driving can have an effect on your everyday life if you are stopped and charged with DUI.

First Offense v 2nd offense DUI

According to the Maryland Motor Vehicle Association, if you (a Maryland driver) refuse to take a test to determine blood alcohol or drug concentration, or take a test and fail it, the police officer will confiscate your driver’s license, issue a paper temporary license and prepare a case for the Maryland MVA file. Here is what you should expect, given the results of your breathalyzer:

First offense BAC .08 to .14: 45 day suspensionSecond offense or more BAC .08 to .14: 90 day suspensionFirst offense BAC .15 or greater: 90 day suspensionSecond offense BAC .15 or greater: 180 day suspension

Of course, these are just the penalties available during the MVA administrative hearing. You will also have to face criminal court, where you are subject to fines and/or jail time.

If you have been charged with a DUI, do not wait to contact an attorney. If Noah’s Law passes and the ignition interlock mandate is enforced, a BAC of .08 or greater could bring a whole new meaning to the term ‘fully loaded’ for your car. The experienced DUI defense attorneys at Alpert Schreyer, LLC have a proven track record of fighting both DUI and DWI cases, and can discuss your case with you during a free consultation. Call 866-444-6363 to set up an appointment today.

Andrew is one of the leading DUI and criminal defense attorneys in both the state of Maryland and the District of Columbia. He blogs about Maryland DUI law, has numerous videos on the subject and has been asked to appear on national television to offer his legal opinion on high-profile criminal cases.